1. (a) In order to Sustain a Covered Complaint that a Subject has engaged in Membership in a Hate Group, each of the following elements must be established by clear and convincing evidence:

   1. (1) Within seven years preceding the communication of any portion of the allegations underlying the Covered Complaint to any government agency and while the Subject was 18 years or older, the Subject was a member, or held themself out as a member, of an Organization;
   2. (2) That Organization was a Hate Group at the time of the Subject's actual or putative membership;
   3. (3) A majority of members of the Organization, or the leadership of that Organization, intended to Further the commission of Genocide or Hate Crimes by any members of the Organization; and
   4. (4) At the time of actual or putative membership, the Subject intended to Further the commission of Genocide or Hate Crimes by any members of the Organization.

2. (b) For a complaint of Participation in Any Hate Group Activity to be Sustained, each of the following elements must be established by clear and convincing evidence:

   1. (1) The Subject had a relationship with an Organization or at least one member of that Organization;
   2. (2) That Organization was a Hate Group at the time of the relationship;
   3. (3) Within seven years preceding the communication of any portion of the allegations underlying the Covered Complaint to any government agency, the Organization or at least one member of the Organization committed a Hate Crime or attempted to commit a Hate Crime; and
   4. (4) The Subject was actively and directly involved in, Facilitated, or Coordinated the commission or attempted commission of that Hate Crime while the Subject was 18 or older.

3. (c) For a complaint of Public Expression of Hate to be Sustained, each of the following elements must be established by clear and convincing evidence:

   1. (1) Within seven years preceding the communication of any portion of the allegations underlying the Covered Complaint to any government agency, and at the time of which the Subject was 18 years or older, the Subject made a statement or expression;
   2. (2) The statement or expression was made to another person or persons, verbally or in writing, by any means including statements or expressions made on the internet in any way that permits it to be accessed by at least one other person; and
   3. (3) The statement or expression explicitly Advocated for, explicitly Supported, or explicitly threatened to commit Genocide or any Hate Crime, or explicitly Advocated for or explicitly Supported any Hate Group, with knowledge of the Hate Group's Advocacy for, threats of, or practice of Genocide or the commission of Hate Crimes.

Note: Authority cited: Section 13682, Penal Code. Reference: Sections 13680 and 13682, Penal Code.

History

1. New section filed 3-3-2026; operative 7-1-2026 (Register 2026, No. 10). For prior history, see Register 2022, No. 18.